§ 12-3404 — Relation to other law; service; notice by posting

A. In an action to partition real property under section 14-3911, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the heirs property must be partitioned pursuant to this chapter unless all of the cotenants otherwise agree. This section does not limit or affect the method by which service of a petition in a partition action may be made.

B. In a partition action, if the plaintiff seeks to give notice of the action by publication and the court determines that the property may be heirs property, not later than ten days after the court's determination that the property may be heirs property the plaintiff shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the partition action. The sign shall state that the partition action has commenced and shall identify the name and address of the court and the legal description of the property. The court may require the petitioner to publish on the sign the name of the petitioner and the known respondents.